Untitled document
Sentencing Amendment Regulations 2012
S.R. No. 74/2012
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Offender's obligations—unpaid community work order made under a drug treatment order
7Community correction order—prescribed class of persons
15Community correction order—prescribed class of persons
8Matters to be contained in a community correction order
9Offender's obligations under community correction order
10New regulation 18AA inserted
18AAFines—prescribed class of person
11Regulation 19 revoked
12Regulation 20 revoked
13Matters to be contained in a fine conversion order
14Matters to be contained in a fine default unpaid community work order
15Regulation 23 substituted
23Offender's obligations under a fine conversion order or fine default unpaid community work order
16New regulation 23A inserted
23ATransitional regulation—fines
17Application for variation etc. of a community correction order
18New Regulation 24A inserted
24AApplication for variation etc. of fine conversion order or fine default unpaid community work order
19New Regulation 26A inserted
26AVariation etc. of fine conversion order or fine default unpaid community work order—prescribed persons
20New regulation 30A inserted
30ATransitional regulation—contravention of sentence
21Regulation 31 substituted
31Commencement of a proceeding—prescribed persons
31AContravention of an order—process where offender before higher court, orders of that court—prescribed persons
22Division 3 of Part 7 revoked
23Regulations 36 to 38 substituted
36Proper officer of sentencing court to fix date for transferred proceeding
37Transfer of a proceeding
24New Form 1A inserted
Form 1A—Transfer of Proceeding from the Magistrates' Court to the County Court*/Supreme Court* Under Section 83AJ of the Sentencing Act 1991
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ENDNOTES
STATUTORY RULES 2012
S.R. No. 74/2012
Sentencing Act 1991
Sentencing Amendment Regulations 2012
The Governor in Council makes the following Regulations:
Dated: 3 July 2012
Responsible Minister:
ROBERT CLARK
Attorney-GeneralMATTHEW McBEATH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Sentencing Regulations 2011 as a consequence of the commencement of the Courts and Sentencing Legislation Amendment Act 2012 to—
(a)further provide for fine conversion orders and fine default unpaid community work orders made under the Sentencing Act 1991;
(b)prescribe certain persons or classes of persons for the purpose of certain provisions of the Sentencing Act 1991;
(c)prescribe a form to give effect to orders made under the Sentencing Act 1991;
(d)make other minor amendments.
2Authorising provision
These Regulations are made under section 116 of the Sentencing Act 1991.
3Commencement
These Regulations commence on 16 July 2012.
4Principal Regulations
In these Regulations, the Sentencing Regulations 2011[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations—
(a)the definition of affidavit of justification is revoked; and
(b)the definition of declaration of justification is revoked.
6Offender's obligations—unpaid community work order made under a drug treatment order
In regulation 12(1)(h) of the Principal Regulations for "doctor" substitute "registered medical practitioner".
7Community correction order—prescribed class of persons
For regulation 15 of the Principal Regulations substitute—
15Community correction order—prescribed class of persons"
For the purposes of Part 3A of the Act, a prescribed class of person under section 115B(1)(a)(iii) of the Act is a person employed in the Department of Justice under Part 3 of the Public Administration Act 2004 at a level of Grade 6 or higher.".
8Matters to be contained in a community correction order
(1)In regulation 16(1) of the Principal Regulations for "made by a court under section 37 of the Act must include the following particulars" substitute "must specify the following matters".
(2)Regulation 16(1)(c) of the Principal Regulations is revoked.
(3)After regulation 16(1)(e) of the Principal Regulations insert—
"(ea)that regulation 17 prescribes the obligations that the offender must comply with under the order; and".
(4)In regulation 16(1)(g) of the Principal Regulations for "duration" substitute "period".
(5)In regulation 16(1)(h) of the Principal Regulations for "duration" substitute "period".
9Offender's obligations under community correction order
In regulation 17(2) of the Principal Regulations for "Secretary" substitute "Regional Manager or a community corrections officer".
10New regulation 18AA inserted
After the heading to Part 5 of the Principal Regulations insert—
18AAFines—prescribed class of person"
For the purposes of Part 3B of the Act, a prescribed class of person under section 115B(1)(a)(iii) of the Act is a person employed in the Department of Justice under Part 3 of the Public Administration Act 2004 at a level of Grade 6 or higher.".
11Regulation 19 revoked
Regulation 19 of the Principal Regulations is revoked.
12Regulation 20 revoked
Regulation 20 of the Principal Regulations is revoked.
13Matters to be contained in a fine conversion order
(1)In regulation 21(1) of the Principal Regulations for "made by a court under section 55(1)(d) of the Act must include the following particulars" substitute "must specify the following matters".
(2)For regulation 21(1)(d) of the Principal Regulations substitute—
"(d)the number of hours of unpaid community work that the offender must perform as fixed under the Act; and".
(3)For regulation 21(1)(e) of the Principal Regulations substitute—
"(e)the terms attached to the order under section 61A of the Act; and".
(4)Regulation 21(1)(g) of the Principal Regulations is revoked.
(5)For regulation 21(1)(h) of the Principal Regulations substitute—
"(h)that regulation 23 prescribes the obligations that the offender must comply with under the order; and".
(6)After regulation 21(1)(j) of the Principal Regulations insert—
"(ja)the period of the order; and".
14Matters to be contained in a fine default unpaid community work order
(1)In regulation 22(1) of the Principal Regulations for "made by a court under section 62(10)(a) or 62A of the Act must include the following particulars" substitute "must specify the following matters".
(2)For regulation 22(1)(c) of the Principal Regulations substitute—
"(c)the total amount of the fine, and costs (if any); and".
(3)For regulation 22(1)(d) of the Principal Regulations substitute—
"(d)the number of hours of unpaid community work that the offender must perform as fixed under the Act; and".
(4)For regulation 22(1)(e) of the Principal Regulations substitute—
"(e)the terms attached to the order under section 62B of the Act; and".
(5)Regulation 22(1)(g) of the Principal Regulations is revoked.
(6)For regulation 22(1)(h) of the Principal Regulations substitute—
"(h)that regulation 23 prescribes the obligations that the offender must comply with under the order; and".
(7)After regulation 22(1)(j) of the Principal Regulations insert—
"(ja)the period of the order; and".
15Regulation 23 substituted
For regulation 23 of the Principal Regulations substitute—
23Offender's obligations under a fine conversion order or fine default unpaid community work order"
(1)If an offender is required to perform unpaid community work under a fine conversion order or a fine default unpaid community work order, for the purpose of ensuring the offender's attendance and satisfactory performance of unpaid community work, the offender—
(a)must not consume or be under the influence of alcohol—
(i)when attending at the centre or a location; or
(ii)during the performance of unpaid community work; and
(b)must not use or be under the influence of a drug of addiction or a prohibited poison—
(i)when attending at the centre or a location; or
(ii)during the performance of unpaid community work; and
(c)must not be in possession of alcohol, a drug of addiction or a prohibited poison at the centre or a location or during the performance of unpaid community work; and
(d)must not leave a location where he or she is performing unpaid community work without the permission of the Regional Manager or a community corrections officer; and
(e)must as soon as practicable notify the Regional Manager or a community corrections officer if he or she is unable to attend at the centre or location on any occasion required under the order; and
(f)must as soon as practicable notify the Regional Manager or a community corrections officer of any delay in his or her attendance on any occasion as directed or required; and
(g)must if he or she has not attended on any occasion as directed or required at the relevant community corrections centre or at a location as a result of an illness, give as soon as practicable a medical certificate signed by a registered medical practitioner to the Regional Manager or a community corrections officer; and
(h)must not enter an authorised area of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer.
(2)An offender must attend at a community corrections centre or at a location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have his or her photograph taken and for it to be included in the records of the community corrections centre.".
16New regulation 23A inserted
After regulation 23 of the Principal Regulations, insert—
23ATransitional regulation—fines"
Despite the commencement of the Sentencing Amendment Regulations 2012, Part 5 of the Sentencing Regulations 2011 as in force before that commencement continues to apply to any—
(a)fine conversion order;
(b)fine default unpaid community work order—
that was in force immediately before that commencement.".
17Application for variation etc. of a community correction order
(1)In the heading to regulation 24 of the Principal Regulations for "or cancellation" substitute "etc.".
(2)In regulation 24 of the Principal Regulations omit "to vary or cancel a community correction order (the order)".
(3)In regulation 24(b) of the Principal Regulations for "particulars:" substitute "particulars—".
18New Regulation 24A inserted
After regulation 24 of the Principal Regulations insert—
24AApplication for variation etc. of fine conversion order or fine default unpaid community work order"
An application under section 63AE(1) of the Act must be—
(a)made in writing; and
(b)include the following particulars—
(i)the name and signature of the applicant; and
(ii)the name of the respondent; and
(iii)the date of the application; and
(iv)the grounds for the application; and
(v)the court which made the order and the date of the order; and
(vi)the date the order commenced and ceases; and
(vii)the date, location and venue of the court for the hearing of the application recorded by the proper officer of the court; and
(viii)any other relevant information about the order.".
19New Regulation 26A inserted
After regulation 26 of the Principal Regulations insert—
26AVariation etc. of fine conversion order or fine default unpaid community work order—prescribed persons"
For the purposes of section 63AE(1)(a) of the Act, a prescribed person or a prescribed class of person is—
(a)the Chief Commissioner of Police; or
(b)a member of the police force; or
(c)a Regional Manager; or
(d)a community corrections officer; or
(e)a member of staff of the Office of Public Prosecutions who is a lawyer.".
20New regulation 30A inserted
After regulation 30 of the Principal Regulations, insert—
30ATransitional regulation—contravention of sentence"
Despite the commencement of the Sentencing Amendment Regulations 2012, Part 7 of the Sentencing Regulations 2011 as in force before that commencement continues to apply to a proceeding commenced under Division 2 of Part 3C of the Act and extant immediately before that commencement.".
21Regulation 31 substituted
For regulation 31 of the Principal Regulations substitute—
31Commencement of a proceeding—prescribed persons"
(1)For the purposes of section 83AG(2)(e) of the Act, the Chief Commissioner of Police is a prescribed person.
(2)For the purposes of section 83AG(2)(f) of the Act a prescribed class of persons is—
(a)a Regional Manager; or
(b)a community corrections officer; or
(c)a member of staff of the Office of Public Prosecutions who is a lawyer.
31AContravention of an order—process where offender before higher court, orders of that court—prescribed persons
(1)For the purposes of section 83AL(2)(e) of the Act, the Chief Commissioner of Police is a prescribed person.
(2)For the purposes of section 83AL(2)(f) of the Act a prescribed class of persons is—
(a)a Regional Manager; or
(b)a community corrections officer; or
(c)a member of staff of the Office of Public Prosecutions who is a lawyer.".
22Division 3 of Part 7 revoked
Division 3 of Part 7 of the Principal Regulations is revoked.
23Regulations 36 to 38 substituted
For regulations 36 to 38 of the Principal Regulations substitute—
36Proper officer of sentencing court to fix date for transferred proceeding"
If a proceeding is transferred under section 83AJ(1) of the Act, the proper officer of the sentencing court must fix a date for the proceeding to be heard.
37Transfer of a proceeding
For the purposes of section 83AJ(1), the form of an order made by the Magistrates' Court that a proceeding be transferred is Form 1A in Schedule 1.".
24New Form 1A inserted
After Form 1 to Schedule 1 to the Principal Regulations insert—
FORM 1"A
Regulation 37
TRANSFER OF PROCEEDING FROM THE MAGISTRATES' COURT TO THE COUNTY COURT*/SUPREME COURT* UNDER SECTION 83AJ OF THE SENTENCING ACT 1991
The Magistrates' Court of Victoria at
Informant:
Accused:
D.O.B:
Proceeding commenced by: Charge and Summons*/Charge and Warrant*
Nature of Charge: That the Accused did contravene a sentencing order under section of Part 3C*/clause of Schedule 3* of the Sentencing Act 1991.
I, [name], registrar of the Magistrates' Court of Victoria at [venue] order that the proceeding under the Sentencing Act 1991 be transferred to the
COUNTY COURT at */SUPREME COURT at *
This order is made under section 83AJ(1) of the Sentencing Act 1991 and takes effect; on the filing of the evidence of service of the summons in the above mentioned court*/on the execution of the warrant against the offender*.
Dated at:
On:
Registrar of the Magistrates' Court of Victoria
* Strike out whichever is inapplicable.
__________________".
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ENDNOTES
[1] Reg. 4: S.R. No. 159/2011.
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